By: Kuempel, Stickland H.B. No. 3750
(Senate Sponsor - Schwertner)
(In the Senate - Received from the House May 13, 2019;
May 13, 2019, read first time and referred to Committee on
Intergovernmental Relations; May 20, 2019, reported favorably by
the following vote: Yeas 7, Nays 0; May 20, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain municipal ordinances in
the municipality's extraterritorial jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.003, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) Notwithstanding any other law, a municipality may not
enforce in its extraterritorial jurisdiction a municipal
ordinance, regulation, or other measure that imposes cut and fill
depth requirements or other water quality regulations on a project
that are more stringent than the applicable minimum state and
federal water quality requirements unless the project is located in
an area that is an aquifer recharge or contributing zone, or in the
drainage basin of a river designated by the Texas Commission on
Environmental Quality as having high or exceptional aquatic life
use in the Texas Surface Water Quality Standards.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
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